62066 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 

employees are shipyards; that about 73 

percent of establishments with 20–99 

employees are contractors who work at 

shipyards or off-site establishments that 

perform shipyard employment 

operations; and that all very small 

establishments with fewer than 20 

employees are contractors or off-site 

establishments. OSHA requests 

comment on whether those estimates 

still reflect the industry today? In the 

Subpart F final rule OSHA also assumed 

that most small and all very small 

establishments in NAICS 336611 (Ship 

Building and Repairing) are contractors 

working at shipyards, and are not 

themselves shipyards. These contract 

employers, in most cases, will not incur 

the full cost of compliance due to either 

their adherence to the host employer’s 

programs or the type of work they 

perform at shipyards. Is this assumption 

and conclusion still reasonable? 

2. Are there special issues that make 

the control of fall hazards more difficult 

in small firms? 

3. Are there any reasons that the 

benefits of reducing exposure to hazards 

associated with access/egress, scaffolds, 

and fall protection might be different in 

small firms than in larger firms? Please 

describe any specific concerns related to 

potential impacts on small entities that 

you believe warrant special attention 

from OSHA. Please describe alternatives 

that might serve to minimize those 

impacts while meeting the requirements 

of the OSH Act. 

IV. Public Participation 

OSHA invites interested persons to 

submit information, comments, data, 

studies, and other materials on the 

issues and questions in this RFI. In 

particular, throughout this RFI OSHA 

has invited comment on specific issues 

and requested information and data 

about practices at your establishment 

and other workplaces in shipyard 

employment. When submitting 

comments to questions or issues raised 

or revisions to subpart E that OSHA is 

considering, OSHA requests that the 

public explain their rationale and, if 

possible, provide data and information 

to support their comments and 

recommendations. 

You may submit comments in 

response to this RFI (1) electronically at 

http://www.regulations.gov, (2) by hard 

copy, or (3) by facsimile (FAX). All 

comments, attachments, and other 

materials must identify the Agency 

name and the docket number for this 

document (Docket No. OSHA–2013– 

0022). You may supplement electronic 

submissions by uploading document 

files electronically. If, instead, you wish 

to provide a hardcopy of additional 

materials in reference to an electronic 

submission, you must submit them to 

the OSHA Docket Office (see ADDRESSES

section). The additional materials must 

clearly identify your electronic 

submission by name, date, and docket 

number so OSHA can attach them to 

your comments. 

Because of security-related problems 

there may be a significant delay in the 

receipt of comments by regular mail. For 

information about security procedures 

concerning the delivery of materials by 

express delivery, hand delivery and 

messenger or courier service, please 

contact the OSHA Docket Office (see 

ADDRESSES section). 

All comments and submissions in 

response to this RFI, including personal 

information, are placed in the public 

docket without change. Therefore, 

OSHA cautions against submitting 

certain personal information such as 

social security numbers and birthdates. 

All comments and submissions are 

listed in the http://www.regulations.gov 

index; however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

that Web site. All comments and 

submissions are available at the OSHA 

Docket Office. Information on using 

http://www.regulations.gov to submit 

comments and access dockets is 

available at that Web site. Contact the 

OSHA Docket Office for information 

about materials not available through 

that Web site and for assistance in using 

the Web site to locate and download 

docket submissions. 

Electronic copies of this Federal 

Register document are available at 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant documents, are also 

available at OSHA’s Web site at http:// 

www.osha.gov. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, 

directed the preparation of this 

document under the authority granted 

by 29 U.S.C. 653, 655, and 657; 33 

U.S.C. 941; 29 CFR part 1911; and 

Secretary’s Order 1–2012 (77 FR 3912). 

Signed at Washington, DC, on August 31, 

2016. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2016–21369 Filed 9–7–16; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0470; FRL–9951–88– 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans; Open Burning 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State Implementation 

Plan (SIP) for the State of Missouri 

related to open burning. On November 

24, 2009, the Missouri Department of 

Natural Resources (MDNR) requested to 

amend the SIP to replace four area 

specific open burning rules into one 

rule that is area specific and applicable 

state-wide. These revisions to Missouri’s 

SIP do not have an adverse effect on air 

quality as demonstrated in the technical 

support document (TSD) which is a part 

of this docket. EPA’s proposd approval 

of these SIP revisions is being done in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Comments must be received on 

or before October 11, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2016–0470, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Steven Brown, Environmental 

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Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 62067 

1 62 FR 27968 (May 22, 1997). 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7718, or by email at 

brown.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is proposing to approve the SIP 

revision submitted by the state of 

Missouri that replaces four area specific 

open burning rules with a rule that is 

applicable state-wide. On November 24, 

2009, the MDNR requested to amend the 

SIP that recinds Missouri Open Burning 

Restrictions 10 CSR 10–2.100, 10 CSR 

10–3.030, 10 CSR 10–4.090, 10 CSR 10– 

5.070 and consolidates these four rules 

into a new rule, 10 CSR 10–6.045. The 

rule adds language that allows burning 

of ‘‘trade wastes’’ by permit in areas for 

situations where open burning is in the 

best interest of the general public or 

when it can be shown that open burning 

is the safest and most feasible method 

of disposal. The rule reserves the right 

for the staff director to deny, revoke or 

suspend an open burn permit. It 

changes the general provisions section 

by not limiting liability to an individual 

who is directly responsible for a 

violation and extends the regulatory 

liability to any person, such as a 

property owner who hires an individual 

to start the fire. The rule also adds the 

definition of ‘‘untreated wood’’ for 

clarification to aid compliance 

purposes. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, as 

explained above and in more detail, 

including a technical analysis in the 

technical support document which is 

part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is proposing approval of 

revisions to the Missouri SIP regarding 

an open burn regulation that replaces 

four area-specific open burning rules. 

EPA has conducted a full evaluation of 

the regulation, which is discussed in 

detail in the TSD, which is in the docket 

for this rulemaking. 

As discussed in detail in the TSD, 

Missouri submitted emissions and 

monitoring analyses to make a 

demonstration that the rule does not 

violate the requirements of CAA section 

110 (l), 42 U.S.C. 7411. In addition, EPA 

Region 7 performed an analysis of open 

burning emissions and utilized 

emissions inventory data from 

Missouri’s Early Progress Plan to 

analyze over all emissions in the St. 

Louis area. 

EPA believes that consolidating the 

four rules into one single rule creates 

less confusion and simplifies open 

burning restrictions for compliance and 

implementation. Simplifying the rule 

and permitting process increases clarity 

and removes uncertainty in the process 

of applying for an open burn permit. 

MDNR credits streamlining the 

permitting rule and process as the 

reason for the decrease in illegal open 

burning attempts in the state, especially 

in and around the St. Louis area. 

The evidence provided in the TSD 

included in the docket for the 

rulemaking and Missouri’s SIP 

submittal and rules show the rule 

change does not interfere with state’s 

ability to attain or maintain an ambient 

air quality standard nor interfere with 

state’s progress toward attainment. 

Specifically, MDNR’s SIP revision will 

not compromise the State’s efforts to 

meet and/or maintain the 1997 8-hour 

ozone, 2008 8-hour ozone, or Fine 

Particulate Matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). Therefore, EPA supports 

approving these SIP revisions that add 

Missouri rule 10 CSR 10–6.045 to 

replace four rescinded open burning 

rules: 10 CSR 10–2.100, 10 CSR 10– 

3.030, 10 CSR 10–4.090, 10 CSR 10– 

5.070. 

We are processing this as a proposed 

action because we are soliciting 

comments on this proposed action. 

Final rulemaking will occur after 

consideration of any comments. 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the proposed amendments to 40 CFR 

part 52 as set forth below. Therefore, 

these materials have been approved by 

EPA for inclusion in the State 

implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully Federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

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62068 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this proposed action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This proposed action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 7, 2016. Filing a 

petition for reconsideration by the 

Administrator of this proposed rule 

does not affect the finality of this 

rulemaking for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such 

future rule or action. This proposed 

action may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 24, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by: 

■ a. Removing the entries ‘‘10–2.100’’, 

‘‘10–3.030’’, ‘‘10–4.090’’, and ‘‘10– 

5.070’’. 

■ b. Adding the entry ‘‘10–6.045’’ in 

numerical order. 

The addition reads as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.045 ................... Open Burning Requirements .............. 9/30/09 [Date of publication of the final rule in 

the Federal Register] [Federal 

Register citation of the final rule].

*******

* * * * * 

[FR Doc. 2016–21467 Filed 9–7–16; 8:45 am] 

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